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Education: Chris Woodhead: Answer the Question

When a school is failing, parents may be able to sue

The secondary school our two boys attend has failed an Ofsted inspection. Signs of it underachieving were evident from an early stage. We raised the issues with the head, governors and local authority. Now that Ofsted has confirmed our suspicions, we have asked the authority for a refund of our community charge. It refuses to accept accountability. Any advice?

Dave and Kay CrowchNottinghamshire

You may have a legal case, according to the education lawyer Jack Rabinowicz, of Teacher Stern Selby. The Lords has ruled that education authorities and/or governors may be held responsible for failures in the education system. This was a judgment about special educational needs, but the principle logically applies to all schooling.

A school that fails its Ofsted inspection is not teaching its pupils properly. Their recent exam results may well be worse than they otherwise would have been. If you can establish causation, then a